When parents separate, agreeing on arrangements for the children is often the most important - and most emotionally charged - issue to resolve. Parenting consent orders allow you to formalise those arrangements with the full authority of the Federal Circuit and Family Court, giving both parents and children the stability and certainty they need to move forward.
What Do Parenting Consent Orders Cover?
Parenting consent orders can address every aspect of a child's care and upbringing after separation. The Court has broad power to make orders about any parenting matter, and common provisions include:
- Who the child lives with - whether one parent has primary care or the child spends equal or substantial time with both parents
- Time spent with the other parent - including weekday and weekend schedules, school holiday arrangements, and time on birthdays, public holidays and special occasions
- Parental responsibility - whether parents share equal responsibility for major long-term decisions about education, health, religion and the child's name, or whether one parent holds sole responsibility
- Communication - arrangements for the child to communicate with the parent they are not living with, including phone calls, video calls and written communication
- Travel and relocation - provisions about domestic and international travel, passport applications and any restrictions on relocation
The Best Interests of the Child
Before approving parenting consent orders, the Court must be satisfied that the proposed arrangements are in the best interests of the child. This is the paramount consideration under Part VII of the Family Law Act 1975 (Cth), as amended by the Family Law Amendment Act 2023 (commenced May 2024). The Court considers a range of factors under section 60CC, including:
- What arrangements would promote the safety of the child and each person caring for the child, including safety from family violence and abuse
- Any views expressed by the child, taking into account their maturity and level of understanding
- The developmental, psychological, emotional and cultural needs of the child
- The capacity of each person to provide for the child's needs
- The benefit to the child of being able to have a relationship with both parents and other significant people in the child's life
- The practical difficulty and expense of the child spending time with each parent
The Court will not simply rubber-stamp parenting consent orders. A registrar or judge reviews every application to ensure the proposed arrangements genuinely serve the child's welfare. Orders that appear to prioritise parental convenience over the child's needs may be rejected or returned for amendment.
Parenting Consent Orders vs Parenting Plans
It is important to understand the difference between parenting consent orders and a parenting plan. A parenting plan is a written agreement signed by both parents that sets out the arrangements for the children. While a parenting plan can be a useful tool during negotiations, it is not enforceable by the Court.
If one parent stops following a parenting plan, the other parent has no legal mechanism to compel compliance. By contrast, parenting consent orders are enforceable. If a parent contravenes the orders - for example, by withholding the children during the other parent's scheduled time - the affected parent can apply to the Court for enforcement, and the contravening party may face serious consequences including fines, variation of the orders, or even imprisonment in extreme cases.
"A parenting plan is a promise. Parenting consent orders are a court order. When your children's stability is at stake, the distinction matters."
How We Help You Obtain Parenting Consent Orders
At Reid+Alexander Lawyers, we guide parents through the entire consent order process with care and professionalism. Our approach includes:
- Understanding your family: We take the time to understand your children's needs, your current arrangements, and the outcome you are seeking.
- Drafting precise orders: We prepare orders that are clear, practical and drafted in a way the Court is likely to approve. Vague or ambiguous orders create problems down the track, so we ensure every provision is specific and workable.
- Filing and follow-up: We file your application with the Court and monitor its progress. If the Court raises any queries or requests amendments, we handle those promptly on your behalf.
- Post-order guidance: Once your orders are made, we explain your obligations and rights, so you know exactly where you stand.
If you and your former partner have agreed on arrangements for the children, formalising that agreement through parenting consent orders is the best way to protect your family's future. Contact us to get started.